Womble v. State

CATES, Judge.

Womble was convicted of stealing $69.00 from Carl Utley who owned and operated a gasoline filling station. His sentence was for five years. He appeals from the judgment of conviction.

The tendencies of the State’s evidence were that early one morning Womble was in the building near the cash till. A customer saw him standing “behind the desk over next to the window.”

The desk drawer was open. The customer told the station attendant that he saw Womble with “some money in his hand.” The attendant “broke and ran in there.”

The attendant stated that he had counted the money in the…